Governor's office policy to cooperate on records

Mar. 29, 2009

Written by

Gov. Bobby Jindal

Jimmy Faircloth

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BATON ROUGE -- While Louisiana's public records law grants a broad exception that prevents public viewing of most records held by the governor's office, Executive Counsel Jimmy Faircloth says his policy is to be as open as the law allows.

Faircloth leads a staff of three attorneys charged with providing legal advice to Gov. Bobby Jindal and handling requests for records held by the governor's office.

"In every request, we reserve all rights with regard to exempt records; nevertheless, it is our policy to comply to the best our ability," said Elizabeth Murrill, Faircloth's deputy executive counsel, in a response to a request for records.

Kyle Plotkin, the governor's press secretary, said the standard practice when asked for records is "We try to be as responsive as possible to reporters' requests without putting an undue burden on staff resources, and while maintaining the governor's security and protecting the confidentiality of work product."

The state has one of the best sunshine laws in the country except for the governor's office. The open records law states that it "shall not apply to any of the books, records, writings, accounts, letters, letter books, photographs, or copies thereof ordinarily kept in the custody or control of the governor in the usual course of the duties and business of his office, or to those having been used, being in use, or prepared, possessed, or retained for use by or on behalf of the governor in the usual course of the duties and business of his office."

The final phasing of the exemption, including other offices' documents used by the governor, was added last year on Faircloth's recommendation.

But there are ways of getting information, sometimes through Faircloth's office. And sometimes when a request for information from the governor's office is rejected, reporters are directed to other agencies in state government that can release records providing most, if not all, of the information.

For example, the Gannett Capital Bureau filed a public information request March 12 seeking to review the public information requests submitted to the governor's office and the disposition of those requests.

Faircloth's response, through Murrill, states "These documents are exempt from Louisiana's public records law by Revised Statute 44:5. However, in response to your request, we are providing the following responsive information while reserving all objections."

The letter from the governor's legal office, dated March 20 and made available March 23, goes on to list 11 public records requests and how the office responded to them. While keeping the actual documents secret from public view, Faircloth's office tells what they say.

Of the requests listed in the executive counsel's response, only one was a direct rejection invoking the governor's exception.

The rejected request asked for "copies of any and all records pertaining to the governor's schedule of appointments and meetings in his capacity as chief executive of the State of Louisiana."

Several other responses recommend that the information should be sought from other agencies and that the request was being forwarded to those agencies.

Included in the list is Murrill's response to a Feb. 4 request filed by Gannett for information on the governor's travels. Gannett was told that the records in the specific list -- which included where the governor had traveled outside of Baton Rouge, the dates he traveled, purpose of the trips, mode of travel, who traveled with him, the cost of the trips and who paid -- "are exempt from the public records law."

The response cited the section of the statute that grants the exemption, R.S. 44:5.

"In an effort to be helpful, however, our office will research your request and produce information that is reasonably responsive," the original response letter said. "This may take several days and we ask for your patience while we compile this list."

The open records law says agencies must supply information immediately, if available, or at least within three days, not including weekends and holidays.

A month later, access was provided to the news releases issued by the governor's press office telling where the governor traveled. They did not tell anything about costs or who traveled with him.

A March 12 request by Gannett for costs related to the governor's travels, citing the provision in R.S. 44:5 that says financial records in the governor's office are not exempt, brought a timely response. That request also is on the list of requests compiled by Faircloth's office.

In response to that Gannett request, the executive counsel released numerous documents, including some credit card statements, showing many travel expenses. That response letter also said the Division of Administration had other records that were not in the possession of the governor's office and that State Police had some records that also would respond to the request.

An earlier request from a different news agency for the governor's travel records brought a response that some of the records were exempt and another agency had some. The other agency was notified of the request.

A request submitted to Jindal for information on former Gov. Kathleen Blanco's travels brought a response that his office does not maintain such records, but that the Division of Administration was the custodian of such records.

Others on the list of requests submitted by news media across the state include:

Request: Copy all appointment calendars and schedules of Gov. Jindal for all of 2008, including any schedule that keeps government-related appointments, meetings, media appearance, travel, etc.

Response: Produced a list of public appearances in 2008.

Request: Information related to travel expenses for the governor and anyone traveling with him beginning Feb. 22, 2008.

Response: Provided records in possession of governor's office responsive to the request and advised that other departments had records that would provide information. Request forwarded to other agencies.

Request: Records regarding the mandatory evacuation of Jefferson Parish and subsequent lockout of businesses in 2005, movement of individuals in Jefferson Parish and reopening of flood gates following Hurricane Katrina.

Response: Other state agencies may have some of the records. Provided information on how to request those records.

Two similar requests: Name, race, gender, age and congressional district all members of Louisiana boards and commissions, as well as governor's current cabinet members and staff.

Response: Checked into the availability of the records sought and advised that the governor's office possessed no records responsive to this request. The governor is authorized to make more than 6,000 appointments to various board, commissions and departments.